Cavanagh v. Hoboken Land & Improvement Co.

The opinion of the court was delivered by

Gummere, Chief Justice.

This is an appeal from a judgment in favor of Mrs. Cavanagh and her husband in an action brought to recover compensation for injuries received by the wife from a fall upon the pavement in front of the defendant company’s property, caused hv slipping upon ice which had formed there. The theory upon which the plaintiffs’ case was rested, and upon which it was left to the jury, was that tlie presence of the ice upon the pavement was due to the wrongful act of the defendant, and that, consequently, it was responsible for injuries…